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I 40. J d d City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2534 A) The improvement as amended by the Planning Commission will provide the least impact on the adjacent lake and within the flood plain of Lake Minnetonka. B) The excavation of the pond has been equalized by the placement of the excavated fill within the flood plain area and has been found to have no negative impact on the f lood plain of Lake Minnetonka nor on the adjacent properties. C) The property receives the majority of run-off from the adjacent properties located within the immediate watershed. D) The installation of the pond and the drainage path constructed in the south side yard that carries run-off to the pond and eventually to the grassed lakeshore yard meets the original intent of the grading and drainage plans approved at the time of development of this property. 5. The City Council finds that the conditions existing on this pro- perty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit to allow a 165 s.f. retention pond as amended by the City will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, -nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivision 2, and Section 10.55, Subdivision 8 and grants a conditional • use permit per Section 10.03, Subdivision 19 to allow the retention pond to remain within 75' of the lakeshore and within the flood plain of Lake Minnetonka where no such excavations are allowed, subject to the following conditions: Page 2 of 4